Case 5 and 6

A husband and wife both sustained injuries in a motor vehicle accident on their way to work on 1 November 2003 whilst working as painters. Compensation was paid from 13 January 2004 to 19 December 2004 on both claims.

During the statutory period, they both carried on a self-employed painting business. This was not disclosed to WorkCover, nor was the wife's concurrent return to work for a Basketball Association.

WorkCover attempted to prosecute the couple in early 2007, however they both failed to appear at the hearing. For failing to appear, the Townsville Magistrates Court ultimately issued warrants for their arrest

The matter was relisted for trial on 4 October 2010, and they again failed to appear. The Magistrate was satisfied that the matter could be heard in their absence and found the husband guilty of one charge of defrauding WorkCover and providing three false and misleading statements. The wife was found guilty of four charges of defrauding WorkCover and two charges of providing false and misleading statements.

Both were fined $6,000, restitution of $6,336 was awarded against the husband and $8,763 against the wife. Convictions were also recorded against both workers.